Texas Laws

Texas Laws & Regulations

The information contained on this website is provided for informational purposes only and should not be construed as legal advice on any matter. The Information constitutes general information of applicable administrative regulation and/or laws related to general topics in the arena of controlled substance misuse and abuse and may not reflect current legal developments and updates. Please refer to your state legislature for any potential changes. 

Texas Administrative Code

Texas Code of Criminal Procedure

Texas Health and Safety Code

Texas Occupations Code

Texas State Statutes

 

Texas Advertising/Marketing Information

• Tex. Occ. Code – §101.201 – False, misleading, or deceptive advertising
• Tex. Health and Safety Code – §431.003 – Article misbranded because of misleading labeling or advertising
• Texas Medical Association – Advertising Restrictions

Texas Child Safety Information

• HB 3144 – Signed by Governor 6/17/23; Effective 9/1/23 – Relating to designating October as Fentanyl Poisoning Awareness Month.
• HB 3908 – Signed by Governor 6/17/23; Effective Immediately – Relating to fentanyl abuse prevention and drug poisoning awareness education in public schools.
• SB 629 – Signed by the Governor 6/18/23, Effective Immediately – Relating to the maintenance, administration, and disposal of opioid antagonists on public and private school campuses and to the permissible uses of money appropriated to a state agency from the opioid abatement account.
• SB 867 – Signed by the Governor 6/17/23, Effective Immediately – Relating to the recipients of opioid antagonists under the opioid antagonist program.
• Tex. Family Code – §161.001 – Involuntary termination of parent-child relationship
• Tex. Health and Safety Code – §481.122 – Delivery of controlled substance or marijuana to child
• Texas Child Protection Law Bench Book
• Texas Department of Family and Protective Services – 1900 Substance Use

Texas Compounding Information

• 22 Tex Admin Code – §291.131 – Pharmacies compounding non-sterile preparations
• 22 Tex Admin Code – §291.133 – Pharmacies compounding sterile preparations
• 22 Tex Admin Code – § 573.44 – Compounding drugs (veterinary medicine)
• TX BOP – Pharmacy Laws & Rules

Texas Coroner/Medical Examiner Information

• Tex. Crim. Proc. Code Ann. – Chapter 49 – Inquests upon dead bodies
• CDC – Texas Coroner/Medical Examiner Laws

Texas Drug Checking Information (Test Strips)

• Tex. Health and Safety Code – §481.125 – Possession or delivery of drug paraphernalia
• Texas Center for Justice & Equity – Give People Access to Supports that Prevent Drug Overdoses and Save Lives

Texas Drug Cleanup Information (Methamphetamine & Fentanyl Labs)

• NO IDENTIFIED STATE SPECIFIC PROGRAMS OR INFORMATION

Texas Drug Court Information

• Tex. Gov’t Code – §123.001 – Drug court program defined; procedures for certain defendants

Texas Drug Free Workplace Information

• 37 Tex. Admin. Code – §35.13 – Drug-free workplace policy (Department of Public Safety)

Texas Drugged Driving Information

• Tex. Penal Code – Chapter 49 – Intoxication and alcoholic beverage offenses

Texas Drug Violations Information

• Tex. Health and Safety Code – Chapter 431 – Texas food, drug, and cosmetic act
• Tex. Health and Safety Code – Chapter 481 – Texas controlled substances act
• Tex. Health and Safety Code – Chapter 482 – Simulated controlled substances
• Tex. Health and Safety Code – Chapter 483 – Texas dangerous drug act
• Tex. Health and Safety Code – Chapter 484 – Abusable synthetic substances
• Tex. Health and Safety Code – Chapter 485 – Abusable volatile chemicals
• HB 6 – Signed by Governor 06/17/2023, Effective on 9/1/23 – Relating to the designation of fentanyl poisoning or fentanyl toxicity for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

Texas Electronic Prescribing Information

• 22 Tex. Admin. Code – §315.3 – Prescriptions
• Tex. Health and Safety Code § 481.0755 – Written, oral, and telephonically communicated prescriptions
• Tex. Health and Safety Code § 481.0756 – Waivers from electronic prescribing

Texas First Responder Deflection Program(s) Information

• HB 3186 – Signed by Governor 6/10/23, Effective 1/1/24 – Relating to youth diversion strategies and procedures for children accused of certain fine-only offenses in municipal and justice courts and related criminal justice matters; authorizing fees.

Texas 911 – Good Samaritan Information

• Tex. Civil Prac. and Remedies Code §74.151 – Liability for emergency care
• Tex. Health and Safety Code §481.115(g) – Possession of Substance in Penalty Group 1 or 1-B; It is a defense to prosecution…

Texas Medical Marijuana, Recreational Marijuana & CBD Information 

• Tex. Health and Safety Code – Chapter 487 – Texas compassionate-use act
• Tex. Health and Safety Code §481.121 – Possession of marihuana
• Texas Department of Public Safety – Laws & Regulations
• Texas State Law Library – Cannabis and the Law

Texas Medication Assisted Treatment (MAT) Information

• 15 Tex. Admin. Code – Division 22 – Substance abuse and dependency treatment services
• 25 Tex. Admin. Code – Chapter 229J – Minimum Standards for narcotic treatment programs
• Texas Health and Safety Code – Chapters 461A et seq 466 – Alcohol and substance abuse programs
  • Chapter 461A – Department of state health services: Chemical dependency services and related programs
  • Chapter 462 – Treatment of persons with chemical dependencies
  • Chapter 464 – Facilities treating persons with a chemical dependency
  • Chapter 465 – Local drug and alcohol education programs
  • Chapter 466 – Regulation of narcotic drug treatment programs
• Tex. Hum. Res. Code §32.03115 – Reimbursement for medication-assisted treatment for opioid or substance use disorder

Texas Naloxone Information

• SB 629 – Signed by the Governor 6/18/23, Effective Immediately – Relating to the maintenance, administration, and disposal of opioid antagonists on public and private school campuses and to the permissible uses of money appropriated to a state agency from the opioid abatement account.
• SB 867 – Signed by the Governor 6/17/23, Effective Immediately – Relating to the recipients of opioid antagonists under the opioid antagonist program.
• Tex. Health and Safety Code – §461A.059 – Opioid antagonist program
• Tex. Health and Safety Code – Chapter 483E – Opioid antagonists
• Tex. Occ. Code – Chapter 170 – Prescription of opioid antagonist

Texas Needle Exchange Programs (NEP) & Syringe Services programs (SSP) Information

• NO IDENTIFIED STATE SPECIFIC PROGRAMS OR INFORMATION

Texas Neonatal Abstinence Syndrome (NAS), Neonatal Opioid Withdrawal (NOWS) Information

• Tex. Gov’t Code – §662.113 – Neonatal Abstinence Syndrome Awareness Month

Texas Opioid Litigation Proceeds Information

• SB 1827 – Passed by the 87th Legislature, Signed by the Governor 6/16/21, Effective Immediately – The Texas Comptroller of Public Accounts assists the Texas Opioid Abatement Fund Council (OAFC) in addressing the opioid crisis across the state of Texas

Texas Overdose Prevention Centers (OPC), Supervised Consumption Sites (SCS), Supervised Injection Facilities (SIF) Information

• NO IDENTIFIED STATE SPECIFIC PROGRAMS OR INFORMATION

Texas Overdose Surveillance/Reporting Information

• Tex. Health and Safety Code – §161.042 et seq §161.045 – Mandatory reporting of controlled substance overdoses
• Texas Health and Human Services – Reporting Controlled Substance Overdoses

Texas Pain Management Information

• 22 Tex. Admin. Code – Chapter 170 – Subchapter A  – Pain management
• 22 Tex. Admin. Code – Chapter 195 – Pain management clinics
• Tex. Occupations Code – Chapter 107 – Intractable pain treatment act
• Tex. Occupations Code – Chapter 168 – Regulation of pain management clinics
• Tex. Occupations Code – Chapter 169 – Authority to prescribe Low-THC cannabis to certain patients for compassionate use
• Tex. Occupations Code – Chapter 170 – Prescription of opioid antagonists
• The Texas Medical Board (TMB) recently revised one of its rules in a way that makes it easier for physician practices to provide more comprehensive pain management.
• The Texas Medical Board (TMB) – Pain management clinic (PMC) registry information

Texas Pill Press & Counterfeit Medication Information

• Tex. Health and Safety Code – §431.021(1)(2) – Prohibited acts
• Tex. Health and Safety Code – §431.059 – Criminal Penalty; Defense
• Tex. Health and Safety Code – §481.002(53) – Definitions – “Chemical laboratory apparatus”
• Tex. Health and Safety Code – §481.080 – Chemical laboratory apparatus record-keeping requirements
• Tex. Health and Safety Code – §481.138 – Unlawful transfer or receipt of chemical laboratory apparatus
• Tex. Health and Safety Code – §481.139 – Transfer of chemical laboratory apparatus for unlawful manufacture

Texas Prescription Drug Drop-Off Information

• 22 Tex. Admin. Code – Chapter 303 – Destruction of drugs
• 25 Tex. Admin. Code – Chapter 95 – Prescription drug donation program
• 25 Tex. Admin. Code – Chapter 229B – Donation of unused drugs
• Tex. Health and Safety Code – Chapter 142C – Disposal of controlled substance prescription drugs by hospice service provider
• Prescription Drug Take Back Toolkit – Texans for Safe and Drug-Free Youth

Texas Prescription Drug Importation Information

• HB 25 – Signed by the Governor 6/12/23, Effective 9/1/23 – Relating to wholesale importation of prescription drugs in this state; authorizing a fee.
• Tex. Health and Safety Code – Chapter 444 – Wholesale prescription drug importation program
• Wholesale Prescription Drug Importation Program Report (2023)

Texas Prescription Drug Monitoring Program Information

• 22 Tex. Admin. Code – Chapter 315 – Controlled substances
• Tex. Health and Safety Code – §481.0764 – Duties of prescribers, pharmacists, and related health care practitioners

Texas Precursor Chemicals/Including Pseudoephedrine Information

• Tex. Health and Safety Code – Chapter 481 – Texas controlled substances act
• Tex. Health and Safety Code – Chapter 486 - Over-the-counter sales of ephedrine, pseudoephedrine and norpseudoephedrine
• 25 Tex. Admin. Code – Chapter 229Y – Regulations to prohibit the sale of dietary supplements containing ephedrine

Texas Prison/Jail Program(s) Information

• Tex. Health and Safety Code – §461A.054 – Referral services for persons from criminal justice system
• Tex. Health and Safety Code – Chapter 614 – Texas correctional office on offenders with medical or mental impairments

Texas School Programs/Information

• HB3908 – Relating to fentanyl abuse prevention and drug poisoning awareness education in public schools. (Signed by Governor 6/17/23)

Texas Sober Living Homes/Recovery Residence Information

• Addiction, Recovery, and the Right to Housing
• DoJ and HUD Joint Statement (2016)
• 25 Tex. Admin. Code – Chapter 229J – Minimum standards for narcotic treatment programs
• Tex. Health and Safety Code – Chapter 469 – Voluntary accreditation of recovery housing

Texas Substance Abuse Services Information

• Texas Health and Safety Code – Chapters 461A et seq 469 – Alcohol and substance abuse programs
  • Chapter 461A – Department of state health services: Chemical dependency services and related programs
  • Chapter 462 – Treatment of persons with chemical dependencies
  • Chapter 464 – Facilities treating persons with a chemical dependency
  • Chapter 465 – Local drug and alcohol education programs
  • Chapter 466 – Regulation of narcotic drug treatment programs
  • Chapter 467 – Peer assistance programs
  • Chapter 468 – Programs and initiatives to prevent the manufacture and use of methamphetamine
  • Chapter 469 – Voluntary accreditation of recovery housing
• SB 629 – Signed by the Governor 6/18/23, Effective Immediately – Relating to the maintenance, administration, and disposal of opioid antagonists on public and private school campuses and to the permissible uses of money appropriated to a state agency from the opioid abatement account.
• SB 867 – Signed by the Governor 6/17/23, Effective Immediately – Relating to the recipients of opioid antagonists under the opioid antagonist program.

Texas Telemedicine/Telehealth Information

• 1 Tex. Admin. Code – Chapter 354, Subchapter A, Division 33 – Advanced telecommunications services
• Tex. Ins. Code – Chapter 1455 – Telemedicine, teledentistry, and telehealth
• Tex. Occ. Code – Chapter 111 – Telemedicine, teledentistry, and telehealth
• Tex. Occ Code – Chapter 113 – Mental health telemedicine and telehealth services

Last Updated – 4/26/2024

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